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ATO says beware of 'boiler room' sales tactics

The ATO has warned that some operators are using telemarketers to apply high-pressure sales tactics to lure superannuation trustee investors into high risk or suspect investments. This practice is known as 'boiler room' type operations. 

Such tactics are being used to coerce investors to invest in artwork at inflated prices while promising inflated rental returns on these investments. 

The value of complex asset classes such as artwork and collectables can be very subjective in nature. 

There have been concerns raised with the ATO about how some of these assets are being valued in the marketplace. 

To avoid any pitfalls in relation to such investments, trustees are encouraged to:

• seek a second, independent opinion when purchasing assets such as artwork;
• undertake a separate valuation of the asset (to confirm the SMSF has complied with the relevant super laws); and
• ensure that the asset type is the right investment for their SMSF and complies with the sole purpose test.